The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1887-10-21
HAMA PLANTATION.
Decision By shs Chancellor
An Enawsr3amx Matter - Msx4Emge@s,
Reeaavera @ma Ga PE@m&@sa@@s
IN G@msRmA.
Decision by the ChanesEIOr.

Supreme Court 81 the HawsHAH Isgaads
| IN eaaftv before the Chancellor &C ChsHa-
bers
Oscar Tnna " Cecil Brown es al excel
tors Of the viii Of A. Cnns, deceased
III Henderson 20 al vs. ~. z. Allen.
Receiver, &C al
The fret matter - motion by M- =
eFrfubaurga 4 Co. setting forth that on the
snpefufmeut of ". E Allen, ESD, a. re-
aefzerof the Hama Plantation GA August
1875 they made an agreement to make
advances 70 him for tae purpose ct keeping
I'd said plantation while IN ais hands as
receiver. IN accordance with the authority
given him ~ the CeuFs to make contracts
for obtaining money for said purpose taas
IN uursuanca Of said contract and Of orders
made bv the Court from time 70 time they
have advanced To said receiver from aug
I1st 3 1885. TO April e. 1897, the sum Of
SI89. 826 95, including interest and have
received from proceeds Of crops the sun Of
Sal. 728 3, leaving balance OF S28 09s II
Due the petitioners on april q. 1897; that
these advances were made 90 the receiver
solely upon the faith and credit OF the Or
ders Of the Court and IN confidence that the
Court would see 20 the payment Of the
same, that the advances have been made
for the payment Of the allowance made BY
this Ceurs to the receiver and TO the widow
and child Of August Unna deceased, 70 the
payment Of interest upcH mortgages debts,
for the general purposes Of the plantation
and taxes, and al for Ghe preservation Of
said property.
That since April IL, 1887. the petitioners
have made certain advances TO the receiver
IA pursuance Of an order made in the case
Of J H. Henderson et al vs. W r Alien
Receiver, ct Al, that said partnership Of
August and .. Unna Is also indebted TO Pc
tf5fOners IN the further sum Of s73 924 g /
for advances made TO them prior TO the I
apBointmen Of the receiver; that the petI-
toners had declined to make further adj (
vances 10 them, having no security.
They. pray that IN addition to the sum TO /
Be allowed them for advances since A prif |
I3. 1897, on the order made IN the suit Of I
Henderson ct al vs., Alien ct eE they may (
be allowed the said SUM Of s28 0g8 II, and |
that the same may be paid from the funds !
(the proceeds Of the sale Of the plaHsa6on1 /
before the payment of any mortgages liens /
and also that the receiver may be directed |
TO sell al Of the undivided property Of said /
partners and apply the same after paying /
individual debts, 70 claims against SAID |
partnership
The following is z statement Of the essen /
tTaf facts Of this case.
Mr.. August Unna, the principal owner Of
the Hama Plantation, died in April, 1886. |
leaving a VIII appointing Cecil Brown, Dr. /
r. Mekibbin and Maria B. Unna de
ceased7s widow executors and ezecutru, !
which viii was admitted to probate There /
were three mortgages then existing upon |
the plantation, the first fer SIS. 600, held BY 1
the Hawaiian Investment and Agency
Company, the second for s25 coo, held by 1
J. Fl Anderson and others, and the third
for $25 900, held by Elizabeth Anthem and !
others.
In July, 1888, Oscar Unna, the surviving |
partner Of A. Unna deceased, and part /
owner Of the Hama Plantation. fled bill I
IN equity 70 wind no the partnership and /
for the appointments Of z receiver It set /
forth the, death Of A. Unna; that be eft a /
widow and child named Elsie. the maxi /
ing and PROBATE Of his vii: that there were !
upon the property amounting
20 81. 600; that $40 coo and over was then /
owing 70 II. 8. GFinbsuna q Co, factors 1
and agents OF the plantation: that there /
are no moneys Of the deceased or Of tbe|
partnership wherewith to paT said debts or
the interest on the mortgages. and that a /
sale OF the plantation could not then bs
made without great sacrifice of vaEee: that
the executors and exeeutrfx are let author-
led BY the viii 70 raise moneys by mort
gage upon the property Of the teststoT, or
upon the property OF otherwise for the car
ry1ng on Of the plantation and the petit
toner Is unable 70 raise noney therefor
The bill pgsyed for an aeeennt 20 be taken
Of All moneys owing by said partnership.
the assets Of the fgHa and Of the separate
property Of the deceased De narshafed and
that receiver and manager be appointed
TO take chsrge OF and carry on the p1ants-
ton Business until the same can properly
Re wound up and the said debts paid out
d the profits OF said business or from the
proceeds TO arise from the sale Of said PROP
sFty when the same can be made without
sacrifice, with power IN such receiver 70
pay all rents. taxes, expenses In respect 70
The property and in carrying on the said
and for that purpose 20 pay such
employees and agents as may be required,
and to sell the sugars and collect all mon
sys due or TO be due TO the partnership
business, 70 pay the interest on the mort
yages and ali other debts now owing or
which shall be received IN respect OF said
business and plantation, and also to raise
money to pay to defendants for the use OF
said widow and child until the final wind
ng up Of said business, etc.
The executors Brown and McKibsirt and
Mrs Unna, exeeutrix, were made parties
defendant, and they answered, II. tie main
sdnnitting the allegations and eonsentiugt
20 the appointment OF receiver
The mortgages were not made parties
% the bin nor did they appear at any stage